Employee alleges she was terminated due to disability

By Noddy A. Fernandez | Dec 31, 2018

CLEARWATER — A Pinellas County woman is suing a respiratory service company, alleging disability discrimination and retaliation.

Flor Torreance filed a complaint Dec 19 in Pinellas County Circuit Court against Lincare Holdings Inc., alleging violation of the Family and Medical Leave Act of 1993 and the Florida Civil Rights Act of 1992.

According to the complaint, on May 2012, Flor Torreance began working for Lincare Holdings until she suffered from several medical conditions that qualified as serious health conditions within the meaning of the FMLA and within the meaning of the FCRA. The suit says in January 2017 she was demoted because her supervisor said she was "out too much." 

However, the suit says, when Torreance submitted proper medical documentation for accommodation for her disability/handicap Lincare refused to engage in an interactive discussion and her request for accommodation. She says she was fired in June 2017.

The plaintiff alleges Lincare Holdings denied her request for accommodation even though this would not have imposed any undue hardship on Lincare Holdings and subjected Torreance to disparate treatment on the basis of her handicap disability, and/or perceived handicap/disability.

Torreance seeks trial by jury, an injunction, compensation, reinstatement of her position, liquidated damages, prejudgment interest, court costs and all other just and equitable relief. She is represented by attorney Matthew K. Fenton of Wenzel Fenton Cabassa PA in Tampa.

Pinellas County Circuit Court case number 18-8318-CI

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6th Judicial Circuit of Florida - Pinellas County Wenzel Fenton Cabassa PA

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